WASHINGTON MASS SHOOTINGS WORK GROUP

Findings and Recommendations December 3, 2018

Washington Association of

Sheriffs and Police Chiefs Phone: 360.486.2380

Web: www.waspc.org

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Work Group Members

Name Title Entity/Organization Stakeholder Group Brian Burnett Sheriff Chelan County Local Law Enforcement Kevin Dresker Chief of Police City of Oak Harbor Local Law Enforcement Bill Parramore Sergeant Pasco Police

Department Local Law Enforcement

Jason Granneman Deputy Clark County Sheriff’s Office

Local Law Enforcement

Martin Mueller Assistant Superintendent

Office of the Superintendent of Public Instruction

Office of the Superintendent of Public Instruction

Brian Smith Assistant Executive Director

Washington Interscholastic Activities Association

School Safety Center Advisory Committee

My Tran Director-Public Safety Bellevue College State Board for Community and Technical Colleges

John Vinson Assistant Vice-President for Student Life/Chief of Police

University of Washington

Council of Presidents

Scott McCoy Captain Washington State Patrol

Washington State Patrol

Yasmin Trudeau Legislative Director Office of the Attorney General

Office of the Attorney General

Lew Cox Founder Violent Crime Victim Services

Victims of Mass Shootings

Vanessa Hernandez Youth Policy Director American Civil Liberties Union of Washington

American Civil Liberties Union of Washington

Jan Dobbs Chief Operating Officer Frontier Behavioral Health

Washington Council for Behavioral Health

The work group was facilitated by the Washington Association of Sheriffs and Police Chiefs.

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Table of Contents Work Group Members .................................................................................................................................. 2

Recommendations ........................................................................................................................................ 4

Dissenting View(s) ..................................................................................................................................................... 7

Surveys ........................................................................................................................................................ 13

A survey of services around the state available for those experiencing a mental health crisis .............................. 14

A survey of state and federal laws related to intervening against potential perpetrators or confiscating their firearms ................................................................................................................................................................... 19

Strategies used by other states or recommended nationally to address the problem of mass shootings ............. 37

Process ........................................................................................................................................................ 50

Work Group Meetings ................................................................................................................................ 52

April 20 Meeting ...................................................................................................................................................... 52

May 10 Meeting ...................................................................................................................................................... 54

June 5 Meeting ........................................................................................................................................................ 85

July 11 Meeting ..................................................................................................................................................... 104

August 15 Meeting ................................................................................................................................................ 105

August 31 Meeting ................................................................................................................................................ 160

September 18 Meeting ......................................................................................................................................... 197

October 17 Meeting .............................................................................................................................................. 198

November 7 Meeting ............................................................................................................................................ 199

Response and Mitigation Considerations ................................................................................................. 200

Research .................................................................................................................................................... 201

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Recommendations

The following recommendations were developed and refined by the Work Group members over the previous several months, and adopted during the Work Group’s November 7, 2018 meeting. All members of the Work Group were present at the November 7 meeting, except that the member representing the School Safety Center Advisory Committee, who needed to leave prior to the formal adoption of the report. All recommendations were unanimously adopted by the Work Group, except for recommendation #1, which was adopted with 11 votes in favor and one opposed.

These recommendations were not prioritized by the Work Group, and the Work Group deliberately chose to adopt these recommendations without consideration of the possible financial implications to the state, should they be implemented.

School Resource Officers (K-12)

1) State funding should be made available for additional school resource officers in K-12 schools. 2) The role of sworn law enforcement in Washington K-12 schools should be defined in the law.

Agreements to place school resource officers in schools should reflect this definition. (Look at the National Association of School Resource Officers (NASRO) Best Practices and Strategies for Youth best practice as options)

3) K-12 school resource officers should focus on keeping students out of the criminal justice system when possible, and should not be used to attempt to impose criminal sanctions for matters that are more appropriately handled within the educational system.

4) Standardized training should be required for K-12 school resource officers. The training should be made readily available and based on best practices. Such training ought to include education about implicit bias and interacting with students with disabilities.

5) Policies and training should be made available to K-12 school personnel on best practices to be used in interacting with school resource officers.

6) A model agreement should be developed for use by K-12 schools and law enforcement agencies for school resource officer positions. Schools should be required to adopt agreements consistent with that model.

Multi-Stage Threat Assessment Process

7) The Legislature should mandate a standardized multi-stage threat assessment process in all Washington schools (K-12 and higher ed).

8) There is no need to define any specific model, though it may be valuable to identify components of a threat assessment. a) The assessment model should determine threat based on behaviors, not characteristics of

individual. b) The assessment model should be evidence-based, and implementation of the model should

adhere to model fidelity. 9) Adequate training, coordination and evaluation on the threat assessment model needs to be provided

to schools (K-12 and higher ed), districts and ESDs, and other entities involved in the threat assessment process.

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10) Schools (K-12 and higher ed), districts and ESDs, and OSPI need to have sufficient resources to provide follow up services based on the recommendations of the threat assessment process, and incorporating the recommendation of the threat assessment process into the school’s broader system of student supports. a) Whenever possible, the threat assessment process should specifically include engagement with

the student’s parents/family. b) Special attention and consideration should be given to threat assessments involving students with

Individual Education Programs, disabilities, or other special needs. 11) A student’s return to K-12 school after a suspension or expulsion for violent or threatening behavior

pursuant to re-engagement plan should be communicated with law enforcement and service providers as appropriate.

Extreme Risk Protection Orders

12) The availability of ERPOs to both law enforcement and the public should be promoted and additional funding should be provided to law enforcement to ensure proper and efficient service of the orders when granted.

13) A person’s second conviction for violation of ERPO should forfeit the individual’s right to bear arms. 14) There appears to be a legitimate question of whether or not ERPOs can be sought against a juvenile,

who does not have the legal right to own firearms under Washington law, but does have the right to access and possess firearms under certain circumstances. The Legislature should modify the ERPO statute to make it clear that ERPOs can be sought against a juvenile, and ERPOs should not unnecessarily publicly label a juvenile in a way that will impact them for the rest of their lives.

15) The statute regarding ERPOs should be clarified to address access to a firearm legally owned by a person other than the ERPO respondent, and how to effectively prohibit access to that firearm by the respondent (particularly juveniles) while preserving the firearm owner’s individual firearms rights.

General

16) Increased investment should be made to ensure sufficient and effective K-12 school counselors, psychologists, mental health professionals, family engagement coordinators, school social workers, and other investments in positive school climate, including restorative discipline. These resources should be required to be spent for their intended purpose.

17) Accessible and effective mental health services can be an effective means of intervening against a potential perpetrator of mass shootings. Resources should be provided to improve the overall mental health system in Washington.

18) The use of systems for students (K-12 and higher ed) to report suspicious/threatening behavior should be encouraged.

19) Schools (K-12 and higher ed) should be encouraged to provide education to students about the conditions that should trigger the reporting of a ‘see something say something’ type of event.

20) The Legislature should fund an active, public campaign to promote ‘see something say something.’ 21) Pursuant to RCW 28A.335.010, K-12 school districts should design and remodel school facilities with

security and mitigation/minimization of mass shooting events in mind. These considerations could include the physical design of the buildings, the number and location of entrances and exits, the ability to lock individual rooms, etc.

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22) School (K-12 and higher ed) students and staff should be trained on what to do in the instance of an active shooter. a) Such drills need to be carefully carried out so as to not frighten students or staff. b) Such drills need to be carefully crafted to be appropriate for the school (high school v elementary

school). 23) Steps should be taken to ensure that ample resources and support (counseling, etc) are provided to

school students and staff (K-12 and higher ed), law enforcement, and families of each following incidents of mass shooting.

24) Suicide and bullying prevention outreach and education efforts should be supported and modernized. 25) State funding should be made available for community and technical colleges to fund a law

enforcement presence on campus.

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Dissenting Views

Each member of the Work Group was offered an opportunity to submit a dissenting views. Members may choose to join with other members to jointly submit dissenting views, and members are not prohibited from submitting a dissenting view on a recommended that they voted in favor of. The following dissenting views are provided exactly as they were submitted.

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Surveys

The budget proviso establishing the Work Group also required the Work Group to conduct three surveys. To accomplish these tasks, the Work Group established three ‘subcommittees’ to work together and compile the survey or report. Each of the three aforementioned tasks are listed here, with the Work Group members assigned to each.

1) A survey of services around the state available for those experiencing a mental health crisis • Jan Dobbs and Chief John Vinson

2) A survey of state and federal laws related to intervening against potential perpetrators or confiscating their firearms • Yasmin Trudeau and Captain McCoy

3) Strategies used by other states or recommended nationally to address the problem of mass shootings • Lew Cox, Jan Dobbs, and Vanessa Hernandez

The work product of each of the three subcommittees are provided below.

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A survey of services around the state available for those experiencing a mental health crisis

GREATER LAKES MENTAL HEALTHCARE • Clinicians assigned to 37 different schools, spread across 6 school districts. • Serve 1 school that is located within a Boys Group Home for incarcerated youth serving out the

remainder of their sentence. • We are able to do this through health services funded by BHO, as well as contracted services

through specific school districts. • Medicaid eligible students are able to be seen exclusively in the schools and services provided

include: Individual, Family, Group, Outreach to Homes, Peer Support, Case Management, Advocacy and Crisis Intervention. For families able to attend Main Building appointments, students are able to receive Medication Management, as well.

• Services for students that aren’t covered by Medicaid. Additional services include: Co-facilitated groups with Military Family Life Counselors, School Counselors, Substance Abuse Prevention Specialists, Communities in Schools, as well as facilitating Curriculum Based Support Groups that focus on At-Risk & identified youth. Contracted clinicians can provide immediate crisis support and extensive consultations and staff education to all school staff, as well as district wide assemblies and parent information nights.

• Identify at risk students offering support at all Tier levels (Universal, Targeted, Intensive), but primarily focusing on Tier 2 & Tier 3 level of support (Targeted and Intensive Therapy). Help develop guidelines to identify and refer high risk students, as well as responding to the school needs in the event of a crisis situation.

COMPREHENSIVE LIFE RESOURCES: Tacoma

• Therapists in four districts (Tacoma School District - 25 schools, Peninsula - 3 schools, White River - 2 schools and Orting - I think 2 schools).

• The number of days at each school ranges from 1 day to 3 depending on size and need. • Services include, individual and group work by peers, therapists and CM's. • Committed to serving all youth referred at any school we are sited in regardless of funding type

(or not). • About 2/3 of the youth served are school based cases. • Do not receive any funding from school districts. Funding is medicaid, grant and self-funded.

KING COUNTY:

• Use of local funds to provide SBIRT (Screening, Brief Intervention, and Referral To) in 53 middle schools across King County.

• We are funding school districts directly to implement a screening tool and database developed in collaboration with Seattle Children’s Hospital and Tickit Health meant to screen and identify physical, mental, or substance use issues in either the youth or their identified family.

• Many districts are contracting back with behavioral health agencies in their communities to offer the intervention services as part of SBIRT, if the screening indicates this need.

• Services provided by either school intervention specialists or mental health professionals vary from case management to traditional mental health therapy.

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KITSAP COUNTY: • No services in schools. • Have 1/10th of 1% funding to cover costs.

THURSTON MASON COUNTY

• MH counselors in 30 or more schools • Serve students with Medicaid; grants in 2 of the 3 counties for non-Medicaid

SPOKANE COUNTY

• 45 MA clinicians located in Spokane Public Schools o Provide outpatient services: individual, group, family, case management o Services offered year round o Referrals sources: Student, parent/guardian, teachers, administrators, school counselor,

medical provider, JRA o Contact made with Principal and counselor who staff it with the MH therapist; therapist

then contacts the family to schedule an intake. o Schools with services: 11 high schools; 9 middle schools; 32 elementary schools

• 6 licensed MA clinicians o Central Valley: 1 elementary and 1 middle school o East Valley: 5 elementary, 1 middle school, and 1 high school

All counties also provide crisis response services 24/7 for all ages. Involuntary treatment services are specific to individuals 13 years of age and older.

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JLARC > JLARC Reports > Student Mental Health Services Inventory Briefing Report: Student Mental Health Services Inventory (2016)

Follow @WaLegAuditor Executive Summary Print the Executive Summary At the Legislature’s request, staff of the Joint Legislative Audit and Review Committee (JLARC) inventoried mental health services available to students through schools, school districts, and educational service districts (ESDs). JLARC staff completed the inventory primarily through a survey of school districts, supplemented by interviews and analysis of existing data. The survey asked about what services are provided, who provides them, where they are provided, and who pays. Three-quarters of school districts (218 of 295) completed the survey. The data in the inventory represent 85% of enrolled students and 83% of public schools (1,985 of 2,392) in Washington. This report includes both summary information as well as topic-specific tables. Readers can sort, filter, and review the data presented in the tabs above. Readers also can download the complete data file for schools, school districts, or ESDs. Inventory highlights

• 191 districts report that some or all of their schools have a basic level of mental health services that focuses on prevention and promoting positive behaviors (65% of all districts).

• Districts report that screening for mental health concerns occurs in 1,844 schools (77% of all schools).

• Districts report that students receive mental health services, such as therapies, in their communities and in schools:

o At 1,411 schools, services are provided in the community (59% of all schools). o At 796 schools, services are provided in the school by a community provider (33% of all

schools). o At 448 schools, services are provided in the school by a district or ESD employee (19% of

all schools). • Districts report that funding comes from a variety of sources, regardless of where service is

provided: o Private insurance funds services for students at 942 schools (39% of all schools). o Medicaid funds services for students at 863 schools (36% of all schools). o Other: Levy dollars fund services for students at 240 schools and dedicated county sales

taxes fund services for students at 221 schools. • Districts report that students experience various barriers to accessing mental health services.

Barriers include transportation, lack of providers, and affordability of private insurance co-pays.

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Medicaid funds some school-based mental health services In 2015, of the 1.1 million students in public schools, 55,000 (5%) received Medicaid-funded mental health services. Most of these students were served outside their schools through managed care plans and publicly-funded mental health and substance abuse treatment centers. Approximately 10,000 of the students (1%) received Medicaid-funded mental health services in their schools. School districts receive reimbursement from Medicaid for certain services through contracts with the Health Care Authority. Key takeaways about prevention models and student supports Three-quarters of school districts (218 of 295) completed the survey. The data represent 85% of enrolled students and 83% of public schools (1,985 of 2,392) in Washington. How many schools offer a basic level of mental health services and support?

• 191 districts report having universal supports in some or all schools. Universal supports are the foundation of a multi-tiered system. They are designed to prevent and identify mental health issues for all students (see Overview of Student Mental Health Services).

• 178 districts report that staff in some or all schools are trained in multi-tiered systems of support. A multi-tiered system integrates mental health services into a student’s academic instruction and support. Training helps staff identify students whose needs exceed the universal behavioral supports.

Who screens students for mental health concerns? Districts report that screening for mental health concerns occurs in 1,844 schools. Many different staff members may screen students at each school.

• Guidance counselors conduct screenings in 1,327 schools. • Other staff include psychologists (857 schools), school nurses (771 schools), teachers (646

schools), and social workers (348 schools).

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Key takeaways about services provided to students Three-quarters of school districts (218 of 295) completed the survey. The data represent 85% of enrolled students and 83% of public schools (1,985 of 2,392) in Washington. Can students access services? Districts report that:

• 1,336 schools have limited access to direct mental health services (e.g., therapy and intervention).

• 369 schools have adequate access. • 177 have no access to services.

Who provides services? Schools may have both community-based providers and providers in schools. Districts report that:

• In 1,411 schools, direct mental health services are provided in the community. • In 796 schools, services are provided in schools by a community provider. • In 448 schools, services are provided in schools by a district or ESD employee.

What information do schools have? Districts reported that 823 schools receive information from providers, within limits of federal law, about students who access services to ensure coordination of care with their education.

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A survey of state and federal laws related to intervening against potential perpetrators or confiscating their firearms

State Citation Year Enacted

Who May Petition

Requirements to Obtain Consideration of Court

Effect of Order

Duration Termination and Renewal Options

Washington Extreme Risk

Protection Order

RCW 7.94 2017

Family Member

Household Member

Law Enforcement

Petition: Alleging significant danger. Identify number, types, and locations. Identify existing orders and lawsuits. If law enforcement notify family, household, & 3rd party at risk.

Surrender all firearms and concealed pistol license to law enforcement.

1 year. Termination –1 written request for a hearing any time during the effective period. Renewal – Within 105 of expiration. If uncontested & no material change, auto renewal.

Washington Ex parte order RCW 7.94.050

2017

Same as above.

Petition alleging: Significant danger by having a firearm.

Same as above.

Until full hearing.

14 days max.

Terminates upon hearing. No renewal.

California Gun

Restraining Order

§ 18175 2014 - 2016

Family Member

Law Enforcement

A petition. Seems to

indicate the hearing would be after an ex

parte or temporary

order

Surrender all firearms and ammunition to law enforcement.

1 year. Termination – 1 written request for a hearing any time during the effective period. Renewal – Immediate family member or a law enforcement

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officer may request a renewal within the 3 months before it expires.

California Temporary Gun

Restraining Order

§ 18125 2014 - 2016

Law Enforcement

Asserts: Immediate and present danger. Less restrictive alternatives have been ineffective or are inadequate.

Surrender all firearms and ammunition to law enforcement.

21 days. Nothing in statute.

California Ex Parte Gun Restraining

Order § 18150

2014 - 2016

Family Member

Law Enforcement

Petition and Affidavit Significant danger in the near future Less restrictive alternatives have been ineffective or are inadequate.

Surrender all firearms and ammunition to law enforcement.

No long than 21 days.

Nothing in statute.

Connecticut 1. Conn. Gen. Stat. § 29-38c

Effective 1999

State's Attorney Assistant

State's Attorney

Two Police Officers

Affidavit: Risk of imminent injury Possesses a firearm Petitioner conducted an independent investigation. No reasonable alternative.

A warrant commanding an officer to enter, search and take into custody all firearms and ammunition.

Until hearing. 14 days max.

Hearing 1

year.

Nothing in statute.

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Delaware Non-

Emergency Hearings § 7704

Effective Dec. 27, 2018

Family Member

Law Enforcement

Affidavit or verified petition. Poses a danger. Identify location of firearms.

Surrender all firearms or ammunition to law enforcement May allow to relinquish to 3rd party. May prohibit residing w/ gun owner.

1 year. Termination – 1 written request for a hearing any time during the effective period. Renewal – Family member or law enforcement may request a renewal within the 3 months of expiration.

Delaware Emergency

Hearings § 7703

Effective Dec. 27, 2018

Law Enforcement

Affidavit or verified petition. Immediate and present danger. Identify location of firearms.

Surrender all firearms or ammunition to law enforcement May prohibit residing w/ gun owner.

Until hearing. Usually up to

15 days. Exception –u p to 45 days to effectuate

service.

Nothing in statute.

Florida Risk Protection

Order § 790.401

2018

Law Enforcement

Petition and affidavit. Significant danger. Specific statements, actions, or facts that give rise to a reasonable fear

Surrender all firearms, licenses, and ammunition to law enforcement.

1 year. Termination – 1 written request for a hearing to vacate during the effective period. Renewal – The petitioner may request an extension any time within 30

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days before the end. Renewal can be any time up to 1 year. If uncontested & no change, auto renewal.

Florida Temporary

order § 790.401

2018

Law Enforcement

Petition and affidavit. Detailed allegations based on personal knowledge that respondent poses a significant danger.

Surrender all firearms, licenses, and ammunition to law enforcement.

Until hearing. 14 days max.

Nothing in statute.

Illinois Firearms

Restraining Order

2017 IL 2354 Eff. Jan. 1, 2019

Family Member

Household Member

Law Enforcement

Affidavit or Verified Pleading. Significant danger Describe number, type, and location of any firearms. If danger to intimate partner notify all intimate partners. If law enforcement referral to domestic

Issue a search warrant directing a law enforcement agency to seize the respondent's firearms. Surrender firearm card and concealed card license.

6 months Termination – 1 written request for a hearing any time during the effective period. Renewal – May request a renewal any time within the 3 months before the expiration.

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violence, stalking advocacy, or counseling resources if appropriate. Include notice given or good faith efforts.

Illinois Ex parte orders

2017 IL 2354 Eff. Jan. 1,

2019

Family Member

Household Member

Law Enforcement

Affidavit or Verified Pleading. Immediate and present danger Describe type and location of any firearm. If danger to intimate partner notify all intimate partners. If law enforcement referral to domestic violence, stalking advocacy, or counseling resources if appropriate. Include notice given or good faith efforts.

Issue a search warrant directing a law enforcement agency to seize the respondent's firearms. Surrender firearm card and concealed card license.

Until hearing. 14 days max.

Can extend by mutual agreement of the parties.

Indiana Warrant for

seizure Ind. Code

§35-47-14-2 2004

Law Enforcement

Affidavit Why individual is dangerous and in possession of a firearm.

Issue a warrant to seize a firearm. Suspend license to carry.

Until hearing. 14 days max.

Termination – May petition after 180 days. If denied can file again in another 180 days.

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Describes interactions and conversations with respondent or another individual, if credible and reliable. Specifically describes the location of the firearm.

Renewal –Nothing in statute.

Indiana Warrantless

seizure Ind. Code

§35-47-14-3 2004

Law Enforcement

Statement under oath or affirmation describing the basis for the officer's belief the individual is dangerous. (after seizure)

Law enforcement retains the firearm.

Nothing in Statute

Nothing in Statute

Maryland

Trouble finding unedited statute.

Chapter 250 has visible

edits. Eff. Oct. 1,

2018

Termination – Renewal –

Massachusetts Order for

suspension and surrender.

Pt. I, title III, Chapter 209A

§3B July 3, 2018

Nothing in Statute

Demonstrates a substantial likelihood of immediate danger of abuse

Surrender all firearms, licenses, and ammunition to law enforcement.

Nothing in statute.

Termination – May petition the court. If required for employment hearing within 2 days. Renewal – Nothing in statute.

Massachusetts Nothing in Statute

Filing a complaint.

May enter such

Until hearing. 10 days max.

If uncontested

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Temporary order

Pt. I, title III, Chapter 209A

§4

Substantial likelihood of immediate danger of abuse

temporary orders as it deems necessary to protect a plaintiff from abuse.

at hearing continues without further order of the court.

New Jersey Temporary

Order 2C:58-23.

Eff. Sept. 1, 2019

Family Member

Household Member

Law Enforcement

-Law enforcement can also join in a petition.

Allege respondent poses a significant danger Affidavit with establishing facts, the number, types, physical description, and locations of any firearms and ammunition.

Prohibit having a firearm. Any card or permit is revoked.

Remains in effect until a court issues a further order.

Termination – Nothing in statute. Renewal – Nothing in statute.

Oregon Extreme Risk

Protection Orders

Vol. 4 Chp 166.525

Jan. 1, 2018

Family Member

Household Member

Law Enforcement

Ex parte petition.

Surrender all deadly weapons to law enforcement, a gun dealer, or 3rd party.

1 year. Termination – May submit a petition once during the one year order. Renewal – Within 90 days before the expiration date.

Oregon Ex Parte Order Vol. 4 Chapter

166.5257 Jan. 1, 2018

Family Member

Household Member

Law Enforcement

Petition and affidavit or oral statement under oath.

Surrender all deadly weapons to law enforcement, a gun dealer, or 3rd party.

If uncontested for 30 days then1 year.

If contested

until hearing.

Termination – 1 request to terminate during the effective period. Renewal – Nothing in statute.

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Rhode Island Extreme Risk

Protection Orders

8-8.3-1, et seq. June 1, 2018

Law Enforcement

Petition and affidavit. Petition must state specific statements, actions, or facts that support respondent poses a significant danger. Must identify the number, types, and locations of all such firearms, if known. Identify all known restraining orders, orders of protection, and pending lawsuits, complaints, petitions, or actions pending, active, or filed within one year prior

Surrender firearms to law enforcement. Surrender license to AGO or licensing authority.

1 year. Termination – 1 request to terminate during the effective period. Renewal – Petitioner may request a renewal any time within 14 days before the date the order expires. If uncontested and no material change will auto renew.

Rhode Island Temporary

Orders § 8-8.3-4.

June 1, 2018

Law Enforcement

Petition and affidavit. Petition must state specific statements, actions, or facts that support respondent poses a significant danger. Must identify the number,

Surrender firearms to law enforcement. Surrender license to AGO or licensing authority.

Until hearing. 14 days max.

Termination – Nothing in statute. Renewal – Nothing in statute.

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types, and locations of all such firearms, if known. Identify all known restraining orders, orders of protection, and pending lawsuits, complaints, petitions, or actions pending, active, or filed within one year prior

Vermont Extreme Risk

Protection Order

13 V.S.A. § 4051

April 2018

State's

Attorney The Office Of The Attorney

General

Petition alleging: Extreme risk indication by infliction or attempt to inflict bodily harm on another. Threats or actions that place others in reasonable fear. Action/inaction that presented danger to person in respondent’s care. Threatened or attempted suicide or seriously bodily harm to self.

Prohibit all dangerous weapons and surrender to law enforcement, licensed firearms dealer, or a third party.

6 months. Termination – 1 request to terminate during the effective period. The State shall have the burden of proof by clear and convincing evidence. Renewal – May file not more than 30 days and not less than 14 days before it expires.

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Affidavit states specific facts in support, any dangerous weapons, and any existing orders under abuse, stalking, or sexual assault statutes.

Vermont Ex parte order

13 V.S.A. § 4054

April 2018

State's Attorney

The Office Of The Attorney

General

Motion and affidavit. Imminent and extreme risk. Specific facts supporting allegations Any dangerous weapons in respondent control.

Prohibit all dangerous weapons and surrender to law enforcement, licensed firearms dealer, or third party.

Until hearing. 14 days max.

If not voluntarily dismissed.

Termination – Nothing in statute. Renewal – Nothing in statute.

Notable differences from Washington ERPO not otherwise listed in chart above:

• The petitioner (law enforcement only) has a duty to notify of order expiration to all interested parties including but not limited to the family or household members of the respondent.

• Doesn’t require law enforcement to file a receipt. • Court also considers acts of cruelty to animals, involuntary confinement, illegal use of

controlled substances, & alcohol abuse. • When notifying family etc. of petition or potential risk also inform of mental health, domestic

violence, and counseling resources. • Law enforcement emergency or temporary order does not seem to require a hearing. • Upon the issuance of a risk protection order, the court shall order a new hearing date and

require the respondent to appear no later than 3 business days after the issuance of the order. May cancel the hearing upon a satisfactory showing that the respondent is in compliance with the order.

• Allow law enforcement to get a 21 day order via a written or oral petition even outside of regular court hours

Link to a 14 year study of Connecticut’s Red Flag statute conducted by Duke University.

Updated: August 8, 2018

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Pending/Introduced Legislation in Other States

STATES BILL # DESCRIPTION BACKGROUND CHECKS

Florida SB 7026

Requires a three-day waiting period for all firearms, not just handguns or until the background check is completed, whichever is later. Provides exceptions for: concealed weapons permit holders, and for purchase of firearms other than handguns, an exception for: Individuals who have completed a 16-hour hunter safety course; Individuals holding a valid Florida hunting license; or Law enforcement officers, correctional officers and service members (military and national guard)

Louisiana AB 231

Require any person who is not a licensed firearm retail dealer and who privately sells or transfers a firearm to another person to conduct the transaction through a licensed retail dealer. Licensed dealers are required to conduct a background check of the person acquiring the firearm before the transaction occurs. In addition, the legislation exempts sales and transfers between members of an immediate family; law enforcement; licensed collectors of antique firearms; or a temporary transfer from being conducted through a licensed dealer and subject to a background check.

Oregon HB 4145

The bill expand existing federal law that bans people for perpetrate domestic violence against a spouse, live-in partners, or children from owning guns. Possessing a firearm when its prohibited is a Class A misdemeanor, punishable by a year in jail and/or a $6,250 fine. The bill also would mean more enforcement of the state’s existing background checks on gun sales by requiring the Oregon State Police to report people who fail a background check to their local law enforcement agencies for potential follow up.

Tennessee SB 834

Require that local law enforcement are notified when someone who is legally prohibited from having guns because they are involuntarily committed to a mental institution or found to have a severe mental illness tries to buy a gun and fails background check. Enable law enforcement to investigate and prevent individuals who are a danger to themselves or others from buying a gun.

Vermont S 55

Mandatory background checks for private gun transfers. The transferor and transferee must physically appear before a licensed firearms dealer to legally complete their transaction. The licensed dealer must comply with all state and federal laws regarding the sale of firearms, as if the dealer were selling firearms from their own inventory. This includes a mandatory background check. The transfer of firearms between immediate family members is exempt from this provision.

BUMP STOCKS & TRIGGER ACTIVATORS

Vermont S 55

Prohibits the sale or transfer, possession, manufacturing or use of bumpstocks or other accessories to increase the rate of fire of a firearm Connecticut HB 5542

Delaware HB 300

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Florida SB 7026

Hawaii SB 2046

Maryland SB 707

New Jersey S 3477

Rhode Island SB 2292

CONCEALED CARRY

New Jersey A 2758

This bill changes the serious threat threshold established by the previous administration by expressly defining justifiable need to require a showing of specific threats or previous attacks that demonstrate a special danger to the applicant’s life and that cannot be avoided other than by issuance of a permit to carry a handgun.

Maryland HB 819

This bill makes it a class D felony for anyone, except a licensed firearms manufacturer fulfilling a military contract, to sell, offer to sell, otherwise transfer, or offer to trans, purchase, possess, use or manufacture a "rate of fire enchancment. Punishable by up to five years in prison, a fine up to $5,000 or both.

Oklahoma HB 3353

This bill allows a person in possession of a valid handgun license or who meets the criteria, and presents a valid military identification card, to carry a handgun while scouting. It provides that any property designated as a wildlife refuge or wildlife management areas are excluded as prohibited places to carry.

South Dakota HB 1209

This bill requires that applicants for a concealed carry license to undergo a background check through the National Instant Criminal Background Check System (NICS).

GUNS IN SCHOOLS

Vermont HB 25

Banned possession of guns in K12 school buildings and buses, except where authorized by local school officials for specific occasions or purposes.

LARGE-CAPACITY AMMUNITION MAGAZINES

New Jersey A 2761

Expands the state’s ban on magazines that hold more than 15 rounds to include any magazine that hold more than 10 rounds. Makes it a fourth degree crime.

New Jersey A 2759

Adds armor piercing ammunition to the list of ammunition that is prohibited and clarifies that possession or manufacture of this ammunition is a fourth-degree crime.

Vermont SB 55

Bans magazines that can accept more than 10 rounds for a long gun and more than 15 for a handgun.

MENTAL HEALTH

New Jersey A 1181

Require that licensed mental health practitioners exercise their duty to warn and protect by alerting law enforcement if a patient has threatened to and intends to commit imminent, serious physical violence against themselves or others. If law enforcement determines that the patient is incapable under statute of possessing a firearm, then any firearm ID card

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or purchasing or carrying permit is voided and subject to revocation by the Superior Court.

Delaware HB 302

This bill would allow police to temporarily seize firearms from some whom a mental worker deems to be a danger to themselves and others. This also allows family members or law enforcement to seek a court order that temporarily restricts someon'es access to firearms when that person shows "red flags" of posing a danger to themselves or others.

Louisiana SB 411

This bill would make it illegal for anyone who has been found innocent of a violent crime by reason on insanity to possess a gun or carry a concealed weapon.

PROHIBITED PERSONS

Nebraska LB 990

This bill would prohibit gun possession for people under age 25 who have been adjudicated in the juvenile justice system for domestic violence or felony. Class IIIA felony, penalty of up to three years in prison and post-release supervision

Virginia SB 669

This bill would affect people who are ordered to involuntary inpatient or outpatient treatment for a mental illness as a minor. Under the legislation, they would be subject to the same restrictions in firearm possession as an adult who was ordered to involuntary treatment.

TRAFFICKING

Georgia HB 657

This bill makes it a felony offense for any person to knowingly and intentionally provide a firearm to a felon.

Wisconsin SB 408

This bill makes it a crime to purchase a gun with the intent to give the weapon to a person legally prohibited from owning or possessing a firearm

WAITING PERIOD

Florida SB 7026

Extends the state's three-day waiting period for handguns to all firearms sold at retail locations

Illinois SB 3256 Lengthened the state's 24-hour waiting period for long guns to 72 hours

DOMESTIC VIOLENCE

New York SB 8121

Keeps firearms away from domestic abusers

Kansas HB 2145

Louisiana HB 776

Louisiana HB 896

Louisiana SB 231

Maryland HB 1646

Ohio HB 1

Oregon HB 4145

Utah SB 27

Vermont H 422

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Pending/Proposed Federal Legislation on Extreme Protection Orders

A. Federal ERPO, proposed 2018 Introduced March 20, 2018. Committee on the Judiciary held hearing on March 20, 2018. As of August 7, 2018 no further action has been taken. Cosponsors: Sen. Graham [R-SC], Sen. Collins [R-ME], Sen. Hassan D-NH], & Sen. McCaskill [D-MO] Ex Parte Order A family member, household member, or law enforcement may petition. The petitioner must include a signed affidavit, sworn to before the court as why the respondent is believed to be dangerous and describe the interactions and conversations with him/her and other credible and reliable individuals. The respondent must surrender all firearms and ammunition possesses or owns as well as any permit to law enforcement. The order is in effect until the court determines whether to issue a long term order or 14 days. Long Term Order A family member, household member, or law enforcement may petition. A hearing must be held 72 hours after issuing ex parte unless respondent was not served within that time then 72 hours within being served. The respondent must surrender all firearms and ammunition possesses or owns as well as any permit to law enforcement. The order does not last more than 180 days. There is no indication the respondent can request that it be terminated earlier. A family member, household member, or law enforcement may petition for a renewed long term order.

Resources

A. Giffords Law Center to Prevent Gun Violence: federal and state gun laws on variety of topics, kept up to date. Includes a break-down of ERPOs. Appears to have been updated as of 2017.

B. Mother Jones Data on Mass Shootings 1982-2018

Other Suggestions

A. Limiting the number of gun purchases in a span of time a. California, Maryland, and New Jersey have laws limiting individuals from purchasing

more than one 1 pistol within a 30 day period (Maryland also includes Assault Weapons). New York City limits more than one firearm in a 90 day period. For more information see: Gifford Law Center.

B. Metal detectors in schools (this is a suggestion I came across but there appear to be very mixed opinions on the efficacy)

C. Bump Stock Bans D. High Capacity Magazine Bans

a. See Kolbe v. Hogan decision where Fourth Circuit discusses the need to reload as a critical time to intervene in a mass shooting, stating high capacity magazine limits those opportunities to intervene during pauses in firing. Kolbe v. Hogan, 849 F.3d 114, 128 (2017).

E. Funding research centers into gun violence:

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a. University of California Firearm Violence Research Institute, first state funded firearms violence research center.

b. Resolution by New Jersey Legislature to ask Congress to repeal Dickey Amendment F. Australia’s Legislative reform after mass shooting, this might be an interesting area to explore:

a. General article b. Article on overview of laws and counterarguments successfully used to counter primary

claims made by gun rights activists in Australia c. Why: Australia has become a model for countries dealing with gun violence. Australia

has not had a single mass shooting since implementing these reforms. Australia had a strong gun culture and history as well as a strong lobby.

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Assault Weapon Statistics

Crime Involving Law Enforcement

2003: Officer Down – Violence Prevention Center - 41/211 law enforcement officers killed between 1/1998-12/31/2001 killed by assault weapons 19%

2009: VPC: 8/45 homicides of law enforcement were committed with assault weapons, 18%

2007: Target Law Enforcement, Assault Weapons in the News – VPC

2008: Assault Weapons “Mass Produced Mayhem” – Brady Center to Prevent Gun Violence - ATF study (Taking a Stand: Reducing Gun Violence in Our Communities: Report and

Recommendations from the IACP Great Lakes Summit on Gun Violence (2007): o 6.8% of state prosecutions for gun violence involved assault rifles o 9.3% of federal prosecutions for gun violence involved assault rifles o NRA statistic of assault weapons in 2% of crime includes crimes without firearms o At time of the study, assault weapons were 1% of firearms

- Dr. Garen Wintemute of UC-Davis Study o Gun buyers with criminal histories are more likely to buy assault rifles, greater the

crime, the more likely they are to purchase assault rifles o Assault weapons buyers are more likely to be arrested after their purchases than

other gun buyers 2015 Violence Policy Center: Firearm Justifiable Homicides and Non-Fatal Self-Defense Gun Use

- 1,108 justifiable homicides between 2008-2012 - 81.8% of Justifiable Homicides involved firearms between 2008-2012 - Of the 81.8% of Justifiable Homicides, 5.3% involved any type of rifle (assault rifle not

specified) - Of the 81.8 % of JH, 838 (75%) were handguns, 86 (7.8%) were shotguns - 43,527 homicides, 2.5% of homicides between 2008-2012 were justifiable, a 38-1 ratio

2014 Pew Research Study

- 34% of American households had a firearm - Was 49% in 1973

2017 VPC on High Capacity Magazines

- 57 mass shootings (3 or more fatalities) since 1980 had high capacity magazines, killing 566 people and 986 wounded

Mother Jones Data

- 91 Mass Shootings, 758 Fatalities, 1170 Wounded - 27 Mass Shootings involved assault rifles (30%, 311 killed (41%), 832 Wounded (71%) - Average, a mass shooting with an assault rifle kills 1.4 more people and wounds 25.5 more

people (7.4 more if you strip out Vegas)

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NRA research Coordinator Mark Overstreet in Affidavit in Heller that 3.2M AR-15s ARs accounted for 14.4% of rifles in 2007

2015 National Shooting Sports Foundation estimates 5-8.2M assault rifles

2012, 26.

Possession of Firearms by state and federal prison inmates at the time of the offense:

2004: Firearm Violence Report 2013

-1994: 1.5% State and 1.7% Federal inmates were arrested with an assault rifle, compared to 17.8% and 16.1% conventional firearms -2004: 2.0% of State and 3.2% of Federal inmates were arrested with an assault rifle, compared to 14.2% and 16.2% other firearms Adjusted: 1994 26.7% arrested with a firearm had assault rifles, assault rifle was 34x more likely to be involved in an arrest Adjusted: 2004 14% and 19% arrested with a firearm had assault rifles

From Kolbe: 8M Assault rifles in 2013, out of 300M Owners owned 3.1 assault rifles in 2013, >1% own them 16% of murders of on-duty law enforcement in 1994

Pew 2017 study: 44% of Americans know someone who has been shot Only 17% of gun-owners say they have used a gun to defend themselves 68% of Americans support banning assault-type weapons 65% of Americans support banning HCM

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Strategies used by other states or recommended nationally to address the problem of mass shootings

Texas Texas published a “School and Firearm Safety Action Plan.”

Colorado Colorado recently published a “Top 10 Recommendations for School Safety.”

Enacted School Safety Legislation The National Conference of State Legislatures identified recently enacted school safety legislation among the states:

State Year Bill Number

Title chapter_num Summary

AK 2017 HR 7 Safe School Environment

Recognizes the importance of safe school environments for students, staff, and their families, supports improvement of school safety measures.

AL 2018 H 179 Alabama Community College System

2018-502 Makes a supplemental appropriation from the Education Trust Fund Advancement and Technology Fund to the Alabama Community College System in the amount of $2,000,000 for the fiscal year ending September 30, 2018, to the public institutions of higher education in the amount of $15,196,647, and to the Department of Education, the Board of Trustees of the Alabama Institute for Deaf and Blind, the Board of Youth Services School Districts, the Board of Directors of the Alabama School of Fine Arts, and the Board.

AL 2018 S 27 Possession of Firearms

2018-529 Prohibits the possession of firearms in certain public places, specifies that a qualified retired law enforcement officer would be exempt from the prohibition in that section.

AL 2018 S 323 Education Trust Fund Budget Stabilization Fund

2018-544 Amends Section 29-9-4, Code of Alabama 1975, relating to the Education Trust Fund Budget Stabilization Fund to allow funds to be appropriated for school security, provides that the appropriations from the Fund are to be used for nonrecurring expenses.

AZ 2018 H 2663 Budget Reconciliation

Relates to K12 education budget reconciliation, relates to financial expectations of charter schools, requires the budget for each charter school to contain specified information, provides that the State Board of Education shall adopt rules for the procurement by school districts of any materials, services, goods, and the like that ensure a competitive process, establishes

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procurement procedures, requirements, and certain administrative penalties.

AZ 2018 S 1390 Transaction Privilege Tax

Relates to transaction privilege and use taxes, imposes an additional rate increment in addition to established sales and use taxes at a specified rate, provides that all monies collected from such taxes shall be distributed to various education and workforce development funds and accounted for separately, establishes an income tax credit for increased transaction privilege or excise taxes paid for education.

AZ 2018 S 1527 Budget Reconciliation

Relates to budget reconciliation for higher education, revises provisions relating to credit and noncredit courses, revises provisions relating to the Board of Regents, establishes a tuition waiver scholarship for persons in foster care, provides for capital improvement plans, provides for initial base levy limits.

CA 2017 A 424 Possession of a Firearm in a School Zone

2017-779 Deletes the authority of a school district superintendent, his or her designee, or equivalent school authority to provide written permission for a person to possess a firearm within a school zone. Exempts from the newly created crime the activities of a program involving shooting sports or activities that are sanctioned by a school, school district, college, university, or other governing body of the institution, as specified, and the activities of a certified hunter education program, as specified.

CO 2018 H 1269 Parent Notice for Student Safety and Protection

Establishes requirements for notification to parents of charges brought against public school employees for alleged felony offenses that would result in the revocation of an educator license.

CO 2018 H 1413 School Safety Grant Program

Establishes the Enhance School Safety Incident Response Grant Program, provides funding for research, program development, and training to improve school safety incident response, provides guidelines and eligibility criteria for the Program, establishes the School Safety Resource Center Cash Fund, makes an appropriation.

CO 2018 S 158 School Access to Interoperable Communication Technology

Establishes the School Access for Emergency Response Grant Program Act, increases a school district's access to interoperable communication technology to improve school safety, provides grants to schools and public safety communications system owners to provide funding for needed interoperable communication hardware, software, equipment maintenance, and training, provides application, eligibility, and reporting requirements for school districts,

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establishes a dedicated fund, makes an appropriation.

CO 2018 S 269 School Security Disbursement Program

Concerns providing funding for local education providers to implement school security improvements to prevent incidences of school violence, creates the School Security Disbursement Program, provides specific purposes for which disbursements may be used by a local education agency, establishes the School Security Disbursement Program Account.

CO 2018 S 272 Crisis And Suicide Prevention Training Grant Program

Concerns suicide prevention training in schools, ensures that all teachers and staff at every Colorado school, school district, and charter school are provided comprehensive suicide prevention and crisis response training.

CT 2018 H 5219 Security Officer Licenses To Work As Security Officers

18-20 Allows applicants for security officer licenses to work as security officers, permits an applicant for a security officer license to work as a security officer if the applicant works under the direct on-site supervision of a licensed security officer.

CT 2018 H 5542 Bump Stock Ban

18-29 Concerns bump stocks and other means of enhancing the rate of fire of a firearm, bans the sale or transfer, possession, manufacturing or use of bump stocks or other accessories to increase the rate of fire of a firearm.

DE 2017 H 142 School District Training

Improves guidelines for training by school districts and Charters as it pertains to School Resource Officers (SRO), their duties and training when interacting with students with disabilities, relates to the limitations and prohibitions described in this section are in addition to, and not in derogation of, any other constitutional, statutory, or regulatory rights otherwise conferred by federal or state law or regulation.

FL 2018 H 165 Threats to Conduct Mass Shooting or Terrorism

2018-128 Relates to written threats to conduct mass shootings or acts of terrorism, prohibits a person from making, posting, or transmitting a threat to conduct a mass shooting or an act of terrorism in a writing or other record in any manner that would allow another person to view the threat.

FL 2018 S 1940 Public Records and Public Meetings

2018-1 Relates to public records and public meetings, relates to reporting unsafe, dangerous, violent, or criminal activities, creates an exemption from public records requirements for the identity of a reporting party, provides the exemption to certain portions of meetings of the Marjory Stoneman Douglas High School Public Safety Commission.

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FL 2018 S 7026 School Public Safety

2018-3 Relates to public safety, establishes the Marjory Stoneman Douglas High School Public Safety Act, establishes the Office of Safe Schools, authorizes the Sheriff to establish a school guardian program to aid in the abatement of active assailant incidents in schools, provides that the marshal would only be authorized to abate an active assailant incident and is a school employee volunteer with relevant training, revises several provisions relating to possessing firearms and mental health services.

GA 2017 H 740 Improved Student Learning Environment

Relates to improved student learning environment and discipline in elementary and secondary education, requires local school systems to conduct certain multi-tiered system of supports and reviews prior to expelling or assigning a student in preschool through third grade to out-of-school suspension for five or more consecutive or cumulative days during a school year.

GA 2017 H 763 Compulsory Attendance for Certain Students

Relates to compulsory attendance for students in elementary and secondary education, so as to expand the student attendance protocol committees to school climate, relates to loitering at or disrupting schools, so as to provide for coordination with local law enforcement agencies and the juvenile court system in school safety plans.

GA 2017 HR 1414 House Study Committee on School Security

Creates the House Study Committee on School Security.

HI 2017 SCR 161 Hazard Mitigation Measures

Urges the Governor and director of the Hawaii emergency management agency to improve Hawaii's emergency preparedness and hazard mitigation measures.

IA 2017 S 2364 Emergency Operations Plan for School Buildings

Requires school districts and accredited nonpublic schools to develop high quality emergency operations plans for school buildings, requires emergency operations drills at least annually.

ID 2018 H 565 Concealed Weapon Provisions

Amends existing law to provide that retired law enforcement officers may carry a concealed weapon in certain places, prohibits a person issued a license under the provisions from carry a concealed weapon within any building of a public entertainment facility, provided that proper signage is conspicuously posted at each point of public ingress to the facility notifying attendees of any restriction on the possession of firearms in the facility during the game or event.

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ID 2018 H 665 Threatening School Violence

Amends existing law to revise provisions regarding threatening school violence, provides that certain acts shall be a felony, states that any person, including a student, who willfully threatens on school grounds by word, electronic means or act to use a firearm or other deadly or dangerous weapon to do violence to any other person on school grounds or to disrupt the normal operations of an educational institution by making a threat of violence is guilty of a misdemeanor.

ID 2018 H 706 Appropriations Makes an appropriation to the Division of Building Safety for a certain fiscal year, limits the number of authorized full time equivalent positions, provides for reappropriation authorization.

IL 2017 S 1486 School Code and the School Safety Drill Act

Amends the School Code and the School Safety Drill Act, relates to home or hospital instruction, adds references to advanced practice nurses and physician assistants, relates to required high school courses, removes obsolete language, provides that private schools that do not utilize a bus to transport students are exempt from conducting bus evacuation drills, with conditions.

IL 2017 HR 865 School District Modern Response Training Programs

Encourages every school district in the state and the heads of each school in this state, in collaboration with local law enforcement, to begin exploring and implementing the necessary modern response training programs and innovative procedures that are designed to help prevent the loss of life in the event of an on-campus emergency.

IN 2018 H 1230 School Safety 211-2018ss Revises provisions relating to the school safety specialist training and certification program, expands the curriculum for the program, provides choices for for charter schools, defines cyberbullying, requires the Department of Education to maintain a link on the its website that provides resources or best practices regarding the prevention and reporting of bullying, cyberbullying, and human trafficking, requires school employees to complete inservice training, provides for the Common School Fund.

KY 2018 H 200 Appropriations and Revenue Measures

Relates to the State/Executive Branch Budget: Detail Part I, Operating Budget, appropriates money to General Government.

LA 2018 H 498 School Crisis Management and Response Plans

Requires school crisis management and response plans to provide for parental notification in the event of a shooting or other violent incident or emergency situation.

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LA 2018 H 602 Weapons and Firearms

Revises provisions relating to concealed handgun permits, provides for the carrying of a concealed handgun within a certain distance of school property, provides an exception to the crime which prohibits the carrying of a firearm on school property by certain permit holders.

LA 2018 H 766 Behavioral Health Services for Students

Relates to behavioral health services for students, provides relative to behavioral health services provided to students when requested by the student's parent or legal guardian, provides for definitions, provides for policies adopted by public school governing authorities.

LA 2018 H 895 Threats to School Safety

Provides for instruction on threats to school safety in public schools and public postsecondary education institutions, requires school officials and campus security officers to provide information to students regarding potential threats to school safety exhibited through online content, provides a process for students to report online content deemed potentially dangerous, provides for confidentiality for reporters.

LA 2018 H 898 Mental Health Relates to school safety, provides for resources and reporting procedures, provides for definitions, requires the reporting of any threats of violence to appropriate law enforcement, provides for mandatory mental health evaluations.

LA 2018 S 178 Body Armor on School Property

Revises provisions relating to the wearing or possessing of body armor on school property, allows students to carry or wear a backpack with bullet resistant material.

LA 2018 SCR 8 Education Department

Requests the Department of Education to investigate the feasibility and cost of installing silent alarms in all elementary and secondary school classrooms.

LA 2018 SR 49 Special Day and Week and Month

Designates November 2018 as School Psychology Awareness Month.

MA 2017 S 2371 Criminal Justice Reform

69-2018 Revises provisions addressing criminal justice reform, defines bias free policing, requires the Municipal Police Training Committee to establish and develop in service training relating to bias free policing, relates to criminal background checks, establishes a Forensic Oversight Board, relates to jailhouse population data, relates to rape kits, establishes a Municipal Police Training Fund, establishes a Childhood Trauma Task Force, relates to DNA sampling of inmates, relates to controlled substances.

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MD 2018 H 117 Property Tax Credit

Authorizes the Mayor and City Council of Baltimore City to provide, by law, a certain property tax credit against the county property tax imposed on a dwelling located in Baltimore City that is owned by a public safety officer employed by the Baltimore City Public School System, applies the Act to taxable years after June 30, 2018.

MD 2018 H 1783 School Facilities Act

Relates to the funding and administration of public school construction, authorizes a county board to contract with a county revenue authority in a public-private partnership agreement, establishes a design-construct-operate-maintain-finance arrangement as an alternative financing method available for use by a county board, concerns designation of a school as an emergency management shelter, alters the requirements for awarding contracts to bidders, requires the Green Building Council to develop guidelines.

MD 2018 S 185 Budget Bill Makes proposed appropriations contained in the State Budget for a certain fiscal year.

MD 2018 S 394 Property Tax Credit

Authorizes the Mayor and City Council of Baltimore City to provide, by law, a certain property tax credit against the county property tax imposed on a dwelling located in Baltimore City that is owned by a public safety officer employed by the Baltimore City Public School System, applies the Act to taxable years after June 30, 2018.

MD 2018 S 1265 Safe to Learn Act

Reestablishes the Safe to Learn Act, revises provisions relating to the State Center for School Safety, revises the functions and duties of the Center, establishes a School Safety Subcabinet and Advisory Board to facilitate a comprehensive, coordinated approach to school safety, authorizes grants to schools and child care centers determined to be at risk of hate crimes or attacks, makes a continuous appropriation for the Center, establishes the Safe Schools Fund.

ME 2017 H 929 School Youth Mental Health Training

Requires the Department of Education to establish a program to ensure health educators in secondary schools receive training from properly credentialed trainers in youth mental health first aid.

ME 2017 H 1174 Youth Suicide Prevention Protocols

Requires the Commissioner of Education to adopt amended rules designed to help prevent youth suicide, requires school administrative units to have protocols for suicide prevention and intervention and counseling services after an incident of youth suicide in place.

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ME 2017 S 703 State School Revolving Renovation Fund

Amends the law governing the School Revolving Renovation Fund to specify that Priority 1 status loans made to school administrative units for school repair and renovation include loans for the installations or improvements necessary to increase school facility security.

MO 2018 H 2002 State Board of Education

Appropriates money for the expenses, grants, refunds, and distributions of the State Board of Education and the Department of Elementary and Secondary Education, and the several divisions and programs thereof to be expended only as provided in Article IV, Section 28 of the Constitution of Missouri, and to transfer money among certain funds for the period beginning July 1, 2018 and ending June 30, 2019.

NC 2017 H 670 Threat of Mass Violence

2018-72 Increases the criminal penalty for communicating a threat of mass violence on educational property or at a place of religious worship, provides for the conditional discharge of persons convicted of those offenses when the offender is under a certain age, requires a judge to set the conditions of release for those offenses.

NC 2017 S 99 Appropriations 2018-5 Modifies the current operations appropriations, provides for delayed claims of a lottery prize for members of the Armed Forces, provides funds for academically gifted children, allows military children to enroll prior to residency in the state, provides for the Anonymous Safety Tip Line, transforms the Principal Preparation Grant Program, provides for several other programs and state agency operations.

NH 2017 H 1370 School Emergency Management Plan

2018-35 Requires the Department of Education to provide a copy of a school's emergency management plan to the Director of Homeland Security and Emergency Management, requires a school to provide its emergency management plan to, and coordinate it with, local emergency authorities.

NH 2017 H 1415 School Employee Death Benefit

2018-349 Establishes a death benefit for a school employee killed in the line of duty, makes an appropriation to the Public School Infrastructure Fund to provide additional funding for the Department of Safety's School Emergency Readiness Program.

NM 2018 H 306 Severance Tax Bond Projects

Relates to capital expenditures, authorizes the issuance of severance tax bonds, authorizes expenditures from certain funds and balances, clarifies conditions for the issuance of bonds, establishes conditions for the expenditure of severance tax bond proceeds, establishes conditions for the reversion of unexpended balances, makes appropriations.

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NM 2018 S 239 School Capital Outlay for Security

Relates to public school capital outlay, allows for the expenditure of money in the Public School Capital Outlay Fund for school security system repairs, renovations, and replacements, authorizes reconciliation of multiple amendments to the same section of law.

NM 2018 SM 8 Study School Suicides & Gun Violence

Requests the public education department and the legislative education study committee to study and evaluate potential solutions to decrease the rates of suicide by firearms and gun violence in schools.

NY 2017 S 7503 Aid To Localities Budget

Makes appropriations for the Aid To Localities Budget.

NY 2017 S 7509 Taxation Amends various taxation provisions, relates to STAR benefits and the STAR income verification program, relates to unclaimed funds, relates to tax credits of qualified employers, relates to alimony modifications, relates to calculation of income relating to state income tax, provides for charitable gifts trust funds, establishes an Employer Compensation Expense Program, provides for racing and wagering taxes, establishes a Congestion Surcharge.

OH 2017 H 318 Qualifications of School Resource Officers

2018-98 Requires the Facilities Construction Commission to study and report on school building security upgrades and school resource officers, enacts the SAFE Act with regard to suspension and expulsion of students in grades pre-kindergarten through three and positive behavior intervention and supports, makes an appropriation.

OH 2017 S 226 Permanent Sales Tax Holiday

2018-55 Revises provisions relating to sales tax, provides for a permanent sales tax holiday of a specified number of days in a certain month, provides that during the sales tax holiday period, sales of clothing and school supplies are exempt from sales and use tax.

OK 2017 H 2527 Firearms Revises provisions relating to firearms, makes it unlawful to carry firearms in certain places, provides an exception for county employees, allows for additional training requirements.

OK 2017 H 3353 Firearms Amends the Self Defense Act, revises provisions relating to notifications to the police of carrying a concealed or unconcealed handgun in the state, makes technical corrections.

OK 2017 S 1517 Trauma Informed Care

Relates to trauma-informed care, creates the Task Force on Trauma-Informed Care to study and make recommendations to the Legislature on best practices with respect to children and youth who have experienced trauma, sets forth Task Force duties, provides for membership, specifies areas to be examined and time lines, specifies

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nature of recommendations, provides that Task Force meetings are subject to Oklahoma Open Meeting Act, provides that Task Force members shall not receive reimbursement.

PA 2017 H 1448 Public School Code

Amends the Public School Code, authorizes school entities to hold an executive session to plan, review, or discuss matters relating to school safety, prohibits a school employer from entering into a contract with a third party for noninstructional services with specified exceptions and requiring public hearings, provides for the National Lunch Program, provides for annual lead testing at school facilities, provides for educator certification and licensing, provides for attendance policies.

PA 2017 S 1142 School Security and Safety

Repeals provisions relating to intergovernmental agreements for school security and safety, establishes the School Safety and Security Committee, establishes the School Safety and Security Grant Program and related Fund, provides for the position of School Safety and Security Coordinator, provides requirements for training employees, provides for school police officers, resource officers, and security guards, establishes the Safe2Say Program to implement anonymous reporting standards.

RI 2017 H 5016 School Buildings Safety Assessment

2017-32 Relates to education, relates to health and safety of pupils, requires the assessment to examine the status of each school building's safety be completed by a certain date of the year mandated.

RI 2017 H 7200 Appropriations 2018-47 Makes appropriations from general revenue and authorizes expenditure of federal funds, restricted receipts, and other funds for the upcoming fiscal year, expands the duties of the Director of the Lottery Division, reflects the newly established regulation of sports wagering, establishes a Collection Unit within the Department of Revenue, expands the distribution of tax revenues to certain districts and authorities, amends and establishes other state revenue funds and projects.

RI 2017 H 7694 School Safety Committee

2018-9 Establishes a state school safety committee, provides training to law enforcement, school administrators, and teachers, collects and reviews all hazard safety security assessments, offers recommendations and assistance to each school district of every town, city, and regional school department, in an effort to increase the safety of students and faculty, provides for composition of the committee, requires an emergency action

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plan and hazards survey report from each town, city, and regional school district.

RI 2017 S 2639 School Safety Committee

2018-10 Establishes a state school safety committee, provides training to law enforcement, school administrators, and teachers, collects and reviews all hazard safety security assessments, offers recommendations and assistance to each school district of every town, city, and regional school department, in an effort to increase the safety of students and faculty, provides for composition of the committee, requires an emergency action plan and hazards survey report from each town, city, and regional school district.

SC 2017 S 131 Offenses Involving Disturbing Schools

Provides it is unlawful for school or college students to make threats to take the lives of or to inflict bodily harm upon others by using any form of communication whatsoever, relates to offenses involving disturbing schools, so as to restructure the offenses, provides a delineated list of those actions which constitute a violation, limits its application to actions by persons who are not students.

SD 2018 H 1271 Gun Carry Provisions

Revises certain provisions regarding the carrying of certain guns on certain premises.

TN 2017 H 2550 Firearms and Ammunition

Relates to firearms and ammunition, authorizes local education agencies to offer a firearm education course in elementary school, provides that the course of instruction shall not permit the use or presence of live ammunition or live fire.

TN 2017 S 341 Principals and School Personnel

Relates to teachers, principals and school personnel, authorizes school counselors, with parental consent, to refer students to private counselors, prohibits the Local Education Agency or counselor from covering the cost of the student's referral or services.

TN 2017 S 2059 School Safety Act

Enacts the School Safety Act, authorizes local boards of education to adopt a policy authorizing off duty law enforcement officers to serve as armed school security officers during regular school hours on campuses and during school sponsored events, requires a memorandum of understanding with each law enforcement agency that employs the officer, provides provisions required for the MOU, provides duties for each Chief Law Enforcement Officer and agency.

UT 2018 HCR 22 Honorary Resolution

Honors the victims of the Marjory Stoneman Douglas High School tragedy by designating the month of April 2018 as hashtagMSDkindness month.

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UT 2018 S 87 School Security Locks

Amends provisions of the State Construction and Fire Codes Act, relates to hardware height on a door for certain occupancies for purposes of a lockdown or a lockdown drill.

VA 2018 H 151 Special Conservators of the Peace

Relates to special conservators of the peace, revises provisions relating to the powers that may be provided in an order for appointment of a special conservator of the peace, prohibits a special conservator of the peace to display or use the word police or use the seal of the Commonwealth on any uniform, credential, or vehicle in performing duties with exceptions.

VA 2018 H 1017 Child Day Programs

Relates to child day programs, relates to exemptions from licensure, exempts from licensure any child day program that is offered by a local school division, staffed by local school division employees, and attended by preschool aged children or children who are enrolled in public school within such school division, provides that such programs shall be subject to safety and supervisory standards established by the local school board.

VA 2018 S 109 Dissemination of Juvenile Record Information

Relates to the dissemination of juvenile record information, relates to emergency medical services agency applicants, provides that juvenile record information maintained in the Central Criminal Records Exchange may be disseminated to the State Health Commissioner and to certain local officials for the purpose of screening any person who applies to be a volunteer with or an employee of an emergency medical services agency.

VA 2018 S 682 Child Day Programs

Relates to child day programs, exempts from licensure any child day program that is offered by a local school division, staffed by local school division employees, and attended by preschool aged children or children who are enrolled in public school, provides that such programs shall be subject to safety and supervisory standards established by the local school board.

VT 2017 H 25 Domestic Terrorism

Revises provisions relating to domestic terrorism, provides criminal punishment for a person who carries a dangerous or deadly weapon with the intent to injury another, defines domestic terrorism, increases the criminal penalties for possession of a dangerous or deadly weapon on school property or a school bus.

WA 2017 H 1279 School Safety Drills

Concerns school safety drills, requires schools and school districts to consider the guidance provided by the superintendent of public instruction, including the comprehensive school safety checklist and the model comprehensive safe

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school plans that include prevention, intervention, all hazard/crisis response, and postcrisis recovery, when developing their own individual comprehensive safe school plans.

WA 2017 S 6032 Supplemental Operating Appropriations

Makes supplemental operating appropriations, relates to the general fund.

WA 2017 S 6514 Suicide Prevention and Behavioral Health

Relates to implementing a comprehensive approach to suicide prevention and behavioral health in higher education, with enhanced services to student veterans.

WI 2017 A 843 School Safety Plans

Revises provisions relating to school safety plans, requires an on site safety assessment of each school building, site, and facility that is regularly occupied by pupils, makes technical corrections.

WV 2018 S 244 Unlawful Possession of Firearm on School Property

Provides that it is unlawful to possess a firearm or other deadly weapon on a school bus, in or on the grounds of any primary or secondary educational facility of any type, or at certain school-sponsored functions, provides exception for private schools, sets forth the conditions for exception of a retired law-enforcement officer, excludes certain students from an exception to conduct programs with valid educational purposes, revises conditions for persons holding a valid concealed handgun permit.

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Process

The Mass Shootings Work Group was created pursuant to Section 216 (20) of the 2018 Washington State Supplemental Operating Budget (Engrossed Substitute Senate Bill 6032 / Chapter 299, Laws of 2018), which stated:

(20) $50,000 of the general fund—state appropriation for fiscal year 2019 is provided solely for the Washington association of sheriffs and police chiefs to convene a work group to develop strategies for identification and intervention against potential perpetrators of mass shootings, with an emphasis on school safety, and report on recommendations for their prevention.

(a) The work group includes, but is not limited to, representatives of the superintendent of public instruction, the school safety center advisory committee, state colleges and universities, local law enforcement, the Washington state patrol, the attorney general, mental health experts, victims of mass shootings, and the American civil liberties union of Washington.

(b) The work group shall assess and make recommendations regarding: (i) Strategies to identify persons who may commit mass shootings associated with

K-12 schools and colleges and universities; (ii) A survey of services around the state available for those experiencing a

mental health crisis; (iii) A survey of state and federal laws related to intervening against potential

perpetrators or confiscating their firearms; and (iv) Strategies used by other states or recommended nationally to address the

problem of mass shootings. (c) The work group shall submit a report, which may include findings,

recommendations, and proposed legislation, to the appropriate committees of the legislature by December 1, 2018. The report shall consider the following strategies:

(i) Promoting to the public the availability of extreme risk protection orders as a means of avoiding mass shootings;

(ii) A rapid response interdisciplinary team composed of law enforcement, mental health experts, and other appropriate parties who could be mobilized to intervene and prevent a potential crisis at a school or institution of higher learning; and

(iii) Whether reasonable restrictions should be imposed on the access to firearms by those suffering from a mental illness that are consistent with the individual right to bear arms.

Selection of Work Group Members The proviso that created the Work Group directed the Washington Association of Sheriffs and Police Chiefs to include specific entities and categories of stakeholders. To accomplish this task, the Washington Association of Sheriffs and Police Chiefs identified specific organizations that most appropriately represented the stakeholder groups listed in the proviso and asked that those entities nominate one individual to represent their interests on the Work Group. With the exception of the a Sheriff and Police Chief appointed to the Work Group, the Washington Association of Sheriffs and Police Chiefs did not appoint any specific individual to the Work Group – members of the Work Group were nominated by their respective constituency. A list of Work Group members and the constituency they represented on the Work Group is provided on Page 2 of this report.

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The Work Group met monthly, holding its first meeting in April, and its final meeting, where recommendations were adopted, in November. The Work Group received a number of presentations from experts among several relevant topic areas, including both academics and those with real world experience.

Decision-Making Process The Work Group strived to develop and adopt its recommendations by consensus. Where consensus could not be reached, recommendations were adopted by a majority of the members of the Work Group, with an opportunity for member(s) to submit a dissenting view should they so choose.

The recommendations of the Work Group were developed by members of the Work Group and relied heavily on the presentations received by the Work Group (including testimony by those directly affected by school shootings), as well as the expertise of the individual members of the Work Group and the constituencies they represented.

The recommendations of the Work Group are solely the product of the work group, and not specifically attributable to the Washington Association of Sheriffs and Police Chiefs, nor any specific individual or organization represented on the Work Group.

Transparent Process While the Work Group did not take public comment, and only received presentations from those individuals and organizations invited by the Work Group, the Work Group deliberately conducted its business in a transparent process.

The Washington Association of Sheriffs and Police Chiefs maintained a list of nearly 100 interested stakeholders, and readily accepted every request to be added to that list. The stakeholder list included legislators and legislative staff, members of the press, community groups, and private citizens interested in the work of the Work Group. Every email sent to members of the Work Group was forwarded to the stakeholder list, including draft recommendations, report, meeting announcements, agendas, and the like. Additionally, the email addresses of Work Group members was provided to the stakeholder list, in the event that a stakeholder wished to communicate with members of the Work Group.

In addition to inviting TVW to broadcast meetings of the Work Group (and self-recording those meetings where TVW was unable to attend), every meeting of the Work Group was open for any person to attend and observe the presentations and deliberations of the Work Group. The meeting locations were geographically dispersed throughout the state.

TVW Coverage of Work Group Meetings Several of the Work Group meetings were covered by TVW. Two meetings were recorded using Facebook Live and later uploaded to TVW, as TVW was not available to attend and record the meetings. • April 20: Not recorded • May 10: Not recorded • June 5: Not recorded • July 11:

https://www.tvw.org/watch/?eventID=2018071006 • August 15:

https://www.tvw.org/watch/?eventID=2018081026

• August 31: https://www.tvw.org/watch/?eventID=2018081045

• September 18: https://www.tvw.org/watch/?eventID=2018091069

• October 17: https://www.tvw.org/watch/?eventID=2018101094

• November 7: https://www.tvw.org/watch/?eventID=2018111010

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Work Group Meetings

April 20 Meeting The Work Group convened its first meeting on April 20 in Lacey, WA.

The Work Group spent much of the first meeting attempting to understand the scope of its task, defining the term “mass shooting” and reviewing established research on the topic.

One of the salient items that drew the attention of the work group was the Federal Bureau of Investigation’s “A Study of Active Shooter Incidents in the United States Between 2000 and 2013” which included the following:

• There were 160 active shooter incidents in the US between 2000 and 2013. • 96 of the 160 (60%) of “active shooter” incidents ended before police arrived; and 11 (6.8%)

incidents ended after police arrived but before police could engage the shooter. • In 63 incidents where the duration of the incident could be ascertained:

o 44 (70%) ended in 5 minutes or less, with 23 (36%) ending in two minutes or less. o In 10 of the 63 incidents, officers were on scene when the shooting began.

• All but 2 of the 160 incidents involved a single shooter. • 70% of active shootings took place in commerce or educational settings.

o 46% in commerce settings; o 24% in educational settings;

17% in Pre-K-to 12 Schools 8% in Higher Ed

o 10% in government settings; o 9% in open space settings; o 4% in residential settings; o 4% in places of worship; and o 3% in healthcare facilities.

• Of active shooters in educational settings: o The vast majority of active shooters in schools (91%) took place in middle and high

schools. Of those incidents, the shooter was significantly more likely to be a student at the school (5 of the 6 studied active shooters were students at middle schools and 12 of the 14 studied active shooters at high schools were students).

o Incidents at elementary or Pre-K schools did not involve actions of a student (0 of the 2 studied active shooters at elementary and Pre-K schools were students).

While most mass shootings take place in commerce settings, the proviso directed the Work Group to focus on school safety. The FBI’s data in educational settings was compelling, and guided the Work Group’s efforts on strategies to identify and intervene against potential perpetrators of mass shootings in middle and high schools, focusing particularly on current and former students.

With this foundation, the Work Group established a plan of action to learn about existing measures used by middle and high schools to identify and intervene with students who show indicators of threats or

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other behavioral issues. The two most common strategies that emerged were School Resource Officers (SROs) and threat assessments.

The Work Group scheduled a panel of educators to present at its May meeting on threat assessments and a panel of law enforcement to present at its June meeting on SROs.

The April 20 meeting of the Work Group was not recorded.

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May 10 Meeting The Work Group held its second meeting on May 10th in Everett, WA.

The Work Group received a presentation from Marysville Police Department School Resource Officer Chris Sutherland, who was the SRO at Marysville-Pilchuck High School and on scene during the October 24, 2014 school shooting.

The Work Group also heard from a panel of educators on current approaches to threat assessments in schools. The K-12 panel included:

• Mike Donlin from the Office of the Superintendent of Public Instruction; • Deb Drandoff of Educational Service District 112; and • Larry Fleckenstein of the Everett School District.

The community and technical college panel included: • My Tran of Bellevue College; and • Megan Kaptik from Bellevue College.

The university presentation was by John Vinson of the University of Washington.

The Work Group also received a presentation on the role of behavioral health in educational threat assessments by Jan Dobbs of Frontier Behavioral Health, and a presentation regarding civil liberty perspectives on educational threat assessments by Vanessa Hernandez of the American Civil Liberties Union of Washington.

The May 10 meeting of the Work Group was not recorded.

Powerpoint presentations given to the Work Group during the May 10 meeting are provided below.

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June 5 Meeting The Work Group held its third meeting on June 5th in Lacey, WA.

The Work Group received a presentation from Seattle Police Department’s Chris Fowler, who was the incident commander during the June 5, 2014 shooting at Seattle Pacific University.

Having run out of time to de-brief on the threat assessment presentations from the previous meeting, the Work Group conducted a brief roundtable discussion on that topic from the prior meeting.

The Work Group also received presentations regarding School Resource Officers, including:

• Clark County School Resource Officer Jason Granneman; • Benton County School Resource Officer Brad Klippert; and • Spokane Public Schools Safety Officer Mark Sterk.

The Work Group also received a presentation on the civil liberties perspective of School Resource Officers by Vanessa Hernandez of the American Civil Liberties Union of Washington before having a brief roundtable discussion on the topic of School Resource Officers.

The Work Group invited representatives from the Washington School Safety Organization (an organization that represents school administrators, school security officers, DARE officers, GREAT officers, and School Resource Officers), however the organization was unable to attend and present at this meeting.

The June 5 meeting of the Work Group was not recorded.

Powerpoint presentations given to the Work Group during the June 5 meeting are provided below.

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July 11 Meeting The Work Group held its fourth meeting on July 11th in Ridgefield, WA.

The Work Group received presentations from a panel of educators regarding risk assessments, school counselors, school resource officers, and other school safety/mass shooting topics. Presenters on the educators panel included:

• Albert Alcantar, Director of Safety & Athletics for the Vancouver School District; • Phil Brockman, Superintendent of the Sedro-Wooley School District; • Travis Drake, Principal at Prairie High School in Battleground; • Katrina Hunt, Assistant Principal at Garfield High School in Seattle; and • Kim Reykdal, School Counseling Program Supervisor at the Office of the Superintendent of

Public Instruction.

The Work Group then held a brief roundtable discussion to de-brief following the educator presentations.

The Work Group also received a presentation from Alissa Parker, co-founder of Safe and Sound Schools. Ms. Parker is the mother of Emilie Parker, one of the 20 children who were killed in the Sandy Hook School Shooting on December 14, 2012 in Newtown, CT. NOTE: Ms. Parker’s presentation to the Work Group was excluded from the TVW broadcast and archives, pursuant to the proprietary nature of Ms. Parker’s presentation.

The Work Group also reviewed the proviso creating the Work Group and established ‘sub-committees’ for purposes of the three surveys required in the proviso:

• A survey of services around the state available for those experiencing a mental health crisis’ (Jan Dobbs lead, with assistance from Chief Vinson);

• A survey of state and federal laws related to intervening against potential perpetrators or confiscating their firearms (Yasmin Trudeau lead, with assistance from Captain McCoy; and

• Strategies used by other states or recommended nationally to address the problem of mass shootings (Lew Cox, Jan Dobbs, and Vanessa Hernandez).

The recording of the July 11 meeting is available at https://www.tvw.org/watch/?eventID=2018071006.

Only one powerpoint presentation was given to the Work Group during the July 11 meeting, the document was not provided pursuant to its proprietary nature.

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August 15 Meeting The Work Group held its fifth meeting on August 15th in Spokane, WA.

The Work Group received a presentation from Spokane County Sheriff Ozzie Knezovich and Washington State Patrol Captain Jeff Otis, both of whom were responders to the September 13, 2017 Freeman High School Shooting.

The Work Group also received presentations regarding Extreme Risk Protection Orders by: • Kim Wyatt, King County Senior Deputy Prosecuting Attorney; and • Sergeant Eric Pisconski, Seattle Police Department.

The Work Group also received a presentation regarding mental illness and civil rights (including firearms rights) by Disability Rights Washington Director of Public Policy David Lord.

The Work Group then held a roundtable discussion on firearms – specifically regarding the question of promoting to the public the availability of extreme risk protection orders as a means of avoiding mass shootings, and whether reasonable restrictions should be imposed on the access to firearms by those suffering from a mental illness that are consistent with the individual right to bear arms.

The Work Group agreed that it would not recommend additional classes of petitioners (employers, co-workers, social workers, etc.) to seek Extreme Risk Protection Orders. This decision was made upon the determination that it was best to ensure that law enforcement was involved in such a circumstance. A person who would qualify as a respondent in an Extreme Risk Protection order, by definition, “poses a significant danger.” Limiting the availability to petition for an Extreme Risk Protection Order to family/household members and law enforcement facilitates the reporting of the significant danger to law enforcement, and enables law enforcement to stand as a proxy for the reporting party, thus reducing the likelihood of potential retaliation by the respondent.

The Work Group agreed that it would not recommend additional restrictions to be imposed on the access to firearms by those suffering from a mental illness. This decision was based on several factors:

• RCW 9.41.040 already prohibits the ownership or possession of firearms by a person who has been subject to certain involuntarily commitments for mental health treatment;

• Mental illness is a very broad classification, the vast majority of those who suffer from mental illness don’t commit mass shootings, and the vast majority of those who commit mass shootings have never been diagnosed with a mental illness1; and

• Imposing additional restrictions on the access to firearms by those suffering from a mental illness may create an unintended disincentive to seek treatment for those suffering from a mental illness, for fear that they might lose their firearms rights by seeking treatment.

The Work Group also received updates from the three sub-committees regarding the surveys required in the proviso.

The recording of the July 11 meeting is available at https://www.tvw.org/watch/?eventID=2018081026

Powerpoint presentations given to the Work Group during the August 15 meeting are provided below.

1 FBI: A Study of the Pre-Attack Behaviors of Active Shooters in the United States Between 2000 and 2013

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Remarks

Mass Shootings Task Force

By: David Lord

Public Policy Director

Disability Rights Washington

davidl@dr-wa.org ; (206) 947-6643

Date: August 15, 2018

Introduction

Thank you for inviting me to participate as a presenter at this workgroup.

I am the public policy director at Disability Rights Washington.

General Comments

I have a few general comments related to mental illness and current realities.

RECOVERY is real. Clinicians have – at long last – effective mental health treatments and so recovery is a reality for millions. The days when having a mental illness meant incarceration for years, warehoused in an “asylum”, are over. Many people with mental illnesses recover and work, raise families, and have successful and rewarding lives.

TREATMENT IS NOT ALWAYS EFFECTIVE. Mental health medications and treatments have side effects, don’t work well for everyone, and many who have a mental illness lack insight and decline treatments.

IN CRISIS, MANY GET JAIL, NOT TREATMENT. We don’t provide ready access to mental health treatment for all, nor do we provide the community or therapeutic supports that foster recovery. Instead, society has criminalized mental illness by failing to respond to people in crisis, and thereby making the criminal justice system responsible. The jails are not therapeutic, nor were they ever intended to be, with results that are inhumane, shameful and tragic. Fortunately, they have also been determined to be illegal and unconstitutional. I hope to see

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this awful reality change with the implementation of the settlement of the Trueblood lawsuit. https://www.disabilityrightswa.org/cases/trueblood/

LOOK FOR CO-OCCURRENCE. Mental illness is often accompanied by substance abuse. The mental health system is now the “behavioral health” system, and there is growing but incomplete realization that the two conditions are often co-occurring.

CONSIDER FEAR and STIGMA: As a society, and as individuals, we have a problem with mental illness: we fear mental illness and hold beliefs about the dangerousness of people, and stereotypes abound.

Stigma is alive and well. I used search engines (Google and Bing) to research mass shootings in preparing to give testimony.

First, I typed in “mass shooting and” – the search engine helpfully suggests “mental illness”.

Next, I typed in the following query into the search engine: “Mental illness and” . The responses were, in order:

Mental illness and crime

Mental illness and suicide

Mental illness and homelessness

Mental illness and violence

Mental illness and addiction

Mental illness and guns

Of course, I didn’t get responses like “Mental illness and treatment, Mental illness and recovery, and Mental illness and hope…” In the popular press, all forms of media, and increasingly in political discourse, mental illness is associated with dangerousness, and is regarded with fear.

So as the committee considers recommendations that tie mental illness to access to firearms, I encourage you to reflect on the realities, rather than the stigma and the stereotypes. Please consider carefully whether the committee recommendations will perpetuate stereotypes, and whether your recommendations hinder or help efforts to improve the lives of people with mental illness.

Based on the budget proviso language, it is my understanding that the work group is considering the questions: How do we do to address mass shootings – in particular, mass shootings in schools? Should the focus be on limiting access to guns? Or on limiting access to guns by people with mental illness? Or on fortifying our schools?

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The Bazelon Center for Mental Health Law issued a statement in the wake of the Parkland, Florida school shooting that persuasively argues that restrictions on access to firearms based solely on having a mental illness are misplaced. Bazelon notes that

“people with serious mental illnesses are far more likely to be victims of violent crime than perpetrators. Moreover, past acts of violence are far more predictive of future violence than any other indicator”.

http://www.bazelon.org/wp-content/uploads/2018/02/Statement_Parkland-Shooting_2-16-18.pdf

Response by people with mental illness to gun control debate

The push for restricting access to firearms has increased as the number of mass shootings – especially school shootings – has increased. Many would prefer to define the problem as a consequence of the actions of dangerous people with mental illness. A video produced by Rooted in Rights responds to this stigmatizing and ill-informed characterization of the problem through the words of individuals who have mental illnesses. See the video:

https://www.rootedinrights.org/videos/explainers/people-with-mental-health-disabilities-shut-down-dangerous-ideas-about-gun-violence/

Schools

Much can be done in schools that would improve their response to students with mental illness. I doubt that improved mental health services at school will prevent mass shootings, but I don’t doubt that the improvements would have positive impacts. By contrast, there are things that could be done to schools in the name of preventing mass shootings that might make them less effective as educational environments, and have dubious impact in making students safer. In particular, “hardening” schools with excessive security measures seems unwise.

• Security and the learning environment. In general, schools should respond to the needs of students by creating a supportive culture and a learning environment. Fortifying schools is not likely to result in safer schools, and is more likely to create a hostile environment not conducive to growth and learning. I worry that additional security measures won’t make children safer, but will instead result in violations of the civil liberties of children. While increased presence of security and safety officers provide someone trained in ready response, this approach may criminalize actions that should be responded to in other ways.

• Protection orders. Protection orders based on accurate threat assessment can facilitate an immediate halt to undesirable behavior, but they may also sever links between

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school and troubled students who need additional support. In some locations, students with disabilities and students of color are disproportionately suspended and expelled. (I am not aware of statistics on the demographics of protection orders.) In any event, separation from school has lifetime consequences for the individual. It seems unlikely that increased use of protection orders will bring about safer schools; what is more likely is that the excluded individuals will continue to fail and may not resume schooling. There must be consideration of how students and family who are the subject of protection orders will reengage with the school.

• School to prison: Advocates are very concerned about the number of students who are suspended from school and end up on a pipeline that leads to jail or prison for some, and to unemployment and isolation for others. In our concern for security, we need to be careful not to make the situation worse for students with disabilities. As noted above, this is a phenomenon of concern to advocates for students of color and disability advocates alike.

• Ask teachers and students. I encourage the workgroup to seek out the opinions of teachers, who are in the best position to speak to the subject of ensuring that students have a learning environment.

• Mental health services in schools. Students should have ready access to counseling; schools should know about the range of supports for students and families in the public mental health system. The settlement of the TR lawsuit makes available “wraparound with intensive services” (WISE) for Medicaid eligible students and their families, to prevent institutionalization or incarceration and loss of education. These services are a matter of right for students who are approaching a crisis, but most schools do not have staff who understand what public mental health services are available or how to access them. School staff should learn about the opportunities for support for students in crisis through WISE.

• Bullying. Students with disabilities often see school as a hostile environment because of the actions of other students – bullying. It should be identified where it exists, not tolerated, and where addressed the learning environment will improve.

• Further Inquiries. I recommend that the workgroup make further inquiries into the questions, “What is the state of the mental health system as it relates to schools?”, “What is the outcome of the initiatives/legislative changes undertaken in other states to address violence in schools?”

QUESTIONS

In an email regarding my testimony, James McMahan asked me to respond to several statements or questions. These included:

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1. “Mental illness” is a very broad category that contains a wide variety of diagnoses, some of which could be argued present a danger of violence, some of which don’t have any documented link to violence;

2. A firearms prohibitor for those diagnosed with a mental illness (or a particular mental illness) could serve as a disincentive for a person to seek mental health treatment, for fear of losing their firearms rights

3. Research seems to show that most perpetrators of mass shootings don’t have any diagnosed mental illness (though it does seem to suggest that many have an undocumented (and untreated) mental illness.

With regard to question 1, I found articles that purported to show a link between mental illness and violence, and others that showed no or very weak linkage. Whatever the case, it should be remembered that a disability is a label or category, and in itself has no predictive value. The experience of every person with mental a mental illness is unique. It is unwise and unjust to group people into categories based on which diagnosis applies for the purpose of limiting the right to bear arms. Each individual is different: there are individuals who are recovering, and individuals who are not. Individuals with any diagnosis – or no mental health condition - can be dangerous, or not. Some would identify specific diagnoses, such as “paranoia” and “schizophrenia”, as posing danger. It is not the diagnosis, but the reality of the individual’s unique state of mind that determines his or her dangerousness.

In response to question 2, I would say yes, the reality is that loss of rights or being subjected to discrimination is a disincentive to seeking treatment. An example: in order to be admitted to practice law, as part of the character and fitness inquiry, the Washington State Bar Association – like bar associations throughout the US – formerly asked applicants to describe their history of mental health treatment. DRW heard from law students and lawyers who had worried about how to respond to the question, and not sought counseling, medication or other treatment because of the WSBA question. The good news is that after much advocacy, the Supreme Court and the WSBA changed their practice. They now refrain from asking these questions about mental health treatment, and instead ask questions that are designed to probe into the actual fitness of the individual. Seeking mental health treatment does not correlate with lack of fitness to practice law. One should be able to obtain mental health treatment without fear that he or she will lose a privilege or right in consequence.

As for question 3, in considering how to prevent mass shootings correlation alone is not a reason for restrictions. It is reported that 99% of mass shooters are male. These are overwhelmingly white males. There is some correlation with substance abuse. Should we restrict access to guns by males? Should we restrict access by males who use alcohol? In “Don’t Blame Mental Illness for Mass Shootings: Blame Men, the fallacy of correlating mental illness with gun violence is revealed:

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If you take time to dig into the research, you’ll find that mental illness doesn’t play the role in mass shootings and other gun violence that many, especially our politicians, seem to think it does. Serious mental illness has been found to be conclusively present in a minority of mass shootings—only 14.8 percent of all of the mass shootings committed in the U.S., defined as a shooting which injures or kills four or more people, between 1966 and 2015. (Another study focusing on different data collections of generalized “mass murder” from 1949 to 2015 attributes 23 percent of those incidents to the mentally ill.) Studies have also found that those with serious mental illness are responsible for just 4 percent of the incidences of interpersonal violence and less than 1 percent of all gun-related homicides annually in the United States. Generally speaking, people with mental illness are far more likely to be victims of firearm violence than commit it.

https://www.politico.com/magazine/story/2018/01/17/gun-violence-masculinity-216321

There have been some articles in the popular press that suggest linkages, but in fact the numbers of mass shootings are not large enough to support statistical analysis. See Mass Shootings and Mental Illness, an article in Psychiatry On Line. This scholarly article dispels many myths about mental illness and false associations that can lead to unwise, unjust policies. See Mass Shootings and Mental Illness James L. Knoll IV, M.D. George D. Annas, M.D., M.P.H. https://www.psychiatryonline.org/doi/pdf/10.5555/appi.books.9781615371099

The article identifies the following “suggested interventions”:

1. Policies and laws should focus on those individuals whose behaviors identify them as having increased risk for committing gun violence, rather than on broad categories such as mental illness or psychiatric diagnoses.

2. Public health educational campaigns should emphasize the need for third-party reporting of intent or concerning warning behaviors to law enforcement.

3. Institutions and communities should develop specialized forensic threat assessment teams to evaluate third-party reports of potential dangerousness.

4. Resources should be increased to provide enhanced education, beginning in elementary school, with a focus on constructive coping skills for anger and conflict resolution, mental health, and mental wellness education.

The New York Times also debunked some of the myths regarding the mental health-violence connection in “Checking Facts and Falsehoods about Gun Violence and Mental Illness After the Parkland Shootings”. https://www.nytimes.com/2018/02/16/us/politics/fact-check-parkland-gun-violence-mental-illness.html

I appreciate the opportunity to provide you with this testimony and look forward to reviewing the results of your work.

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August 31 Meeting The Work Group held its sixth meeting on August 31st in Tacoma, WA.

This Work Group meeting was called for the exclusive purpose of receiving a presentation from Dr. Eric Madfis, Associate Professor at the University of Washington Tacoma, published scholar, and nationally recognized expert on the causes and prevention of school violence, hate crime, and mass murder. Several of Dr. Madfis’ publications were provided to members of the Work Group prior to the meeting.

The recording of the August 31 meeting is available at https://www.tvw.org/watch/?eventID=2018081045 The powerpoint presentation given to the Work Group during the August 31 meeting is provided below.

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September 18 Meeting The Work Group held its seventh meeting on September 18th in Kennewick, WA. Having decided during its fifth meeting (August 15th in Spokane) that the Work Group had received or scheduled presentations on all topics necessary for the completion of its work, the Work Group decided that its September, October and November meetings would be dedicated entirely to Work Group discussions and recommendation development. It was at this meeting that the Work Group developed the first ‘potential Work Group recommendations’ document. The recording of the September 18 meeting is available at https://www.tvw.org/watch/?eventID=2018091069 There were no presentations given during the September 18th meeting.

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October 17 Meeting The Work Group held its eighth meeting on October 17th in Burien, WA.

This meeting was a continuation of the Work Group’s September 18th discussion on potential recommendations. The Work Group reviewed, discussed, and refined each potential recommendation discussed at its previous meeting. Work Group members were informed that any additional potential recommendations would need to be submitted in writing no later than Tuesday, October 30th. Members of each of the three sub-committees were also asked to submit their respective committee’s report no later than Tuesday, October 30th.

The recording of the October 17 meeting is available at https://www.tvw.org/watch/?eventID=2018101094 There were no presentations given during the October 17th meeting.

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November 7 Meeting The Work Group held its ninth, and final, meeting on November 7th in Lacey, WA.

During its final meeting, the Work Group again reviewed, discussed and refined the list of potential recommendations, striving for consensus where consensus could be reached. The Work Group also reviewed and discussed the additional potential recommendations submitted since the previous meeting. With all but one Work Group members present, the Work Group adopted the report unanimously, except for recommendation #1, which received one no vote.

During its deliberations regarding the recommendations, the Work Group asked that this report contain specific reference to a few items:

• School resource officers may have a deterrent value against mass shooters, though it is admittedly difficult to prove.

• School resource officers may offer dramatically shortened response times in the rare instances when a school shooting happens.

• RCW 28A.335.010 requires school boards to only “consider” certain security measures.

Work Group members were informed that dissenting views (aka minority reports) would be accepted by any member of the Work Group on any topic relevant to the Work Group’s scope. Work Group members were informed that they could submit dissenting views on recommendations adopted by the Work Group (whether the author of the dissenting view voted in favor of the recommendation or not), as well as recommendations not adopted by the Work Group. Members were informed that anonymous dissenting views would not be accepted, and members may work with each other to jointly submit dissenting views, should they so choose.

The recording of the November 7 meeting is available at https://www.tvw.org/watch/?eventID=2018111010 There were no presentations given during the November 7th meeting.

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Response and Mitigation Considerations It is important to note that the Work Group’s recommendations are not given with an expectation that, should they all be enacted, all mass shootings can be prevented. In fact, reasonable measures cannot be effective in preventing all mass shootings. Reasonable measures can, at best, be effective in reducing the number of mass shooting incidents and the casualties resulting from those incidents.

The proviso that created the Work Group called the Work Group to develop recommendations on the prevention of mass shootings. While this is an important and necessary topic, the recognition that reasonable measures cannot prevent all mass shootings, it is important to note that mass shootings response and mitigation plans are also important to consider. For example:

• In 2003, the Washington Legislature created the Statewide First Responder Building Mapping Information System (RCW 36.28A.060-080). This program maps schools and other critical infrastructure to provide first responders with an electronic floor plan, evacuation routes, location of hazardous materials, tactical plans, etc. and facilitates relationships between first responders and representatives of the facility. State funding to map remodeled and newly constructed schools ended on July 1, 2015. As a result, some Washington schools have not been mapped and, worse, the maps for some Washington schools contain inaccurate information that may prove to be deadly in the event of a mass shooting.

• Mass shooting events usually draw an extraordinarily large law enforcement response. Washington, however, currently ranks 51st in the nation on the number of commissioned law enforcement officers per capita, according to the Federal Bureau of Investigation’s Uniform Crime Report. Washington has maintained that ranking for seven consecutive years, and eight of the last ten years.

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Research The Work Group was provided multiple research publications throughout its project, including:

FBI: A Study of Active Shooter Incidents in the United States Between 2000 and 2013

FBI: Active Shooter Incidents in the United States in 2014 and 2015

FBI: Active Shooter Incidents in the United States in 2016 and 2017

FBI: A Study of the Pre-Attack Behaviors of Active Shooters in the United States Between 2000 and 2013

Secret Service: The Final Report and Findings of the Safe School Initiative: Implications for the Prevention of School Attacks In the United States Secret Service: Enhancing School Safety Using a Threat Assessment Model: An Operational Guide for Preventing Targeted School Violence Congressional Research Services: School Resource Officers: Law Enforcement Officers in Schools

Animal Abuse as a Warning Sign of School Massacres (Arluke and Madfis 2014)

Are School Rampage Shootings Random (Madfis 2017)

Don’t Name Them Don’t Show Them (Landford and Madfis 2018)

Female Involvement in School Rampage Plots (Madfis and Cohen 2018)

Mass Murder at School and Cumulative Strain (Levin and Madfis 2009)

Social Problems – Rampage School Shootings (Levin and Madfis)

The Risk of School Rampage (Ch 2 – Assessing Rampage Threats) (Madfis 2014)

The Educational Fund to Stop Gun Violence: Extreme Risk Protection Orders: An Opportunity to Save Lives in Washington

Police Executive Research Forum: Key Findings and an Action Plan to Reduce Gun Violence

Department of Homeland Security: School Security Survey

Department of Homeland Security: K-12 School Security: A Guide for Preventing and Protecting Against Gun Violence (2nd Edition)

Mayors Against Illegal Guns: Analysis of Recent Mass Shootings

Colorado Legacy Foundation and Colorado Department of Education: Measuring School Climate: A Toolkit for Districts and Schools

Nevada Statewide School Safety Task Force Initial Report (Final report)